Argos online and used items sold as new

m3trackboy

Hi
I bought a Canon flash from Argos online, when I received itthe external cardboard box was sealed and the fragile tape was intact. When I opened it and took out the carton the flash was in, it was torn and the item inside was very second hand, I immediately phoned Argos customer help line who apologised and said I would receive a call from the supplier (?) within 48hours to arrange collection.
Collection was arranged and then the fun started, I received a call from Argos saying there supplier had said the unit returned was 4 years old and could never of been shipped out. I received an email from Argos investigations dept. which more or less accused me of sending back an old unit,and they wouldn’t be issuing a refund. They recommended I opened a dispute with my credit card company.

I have opened a dispute with the card company, but my concern is how I can be accused of swapping the unit and what rights I have for getting my money back and an apology from Argos.
Reading on various forums this seems to be something Argos excels at, selling returns as new.
Can anyone let me know my rights? With hindsight I will now open anything I buy online to check its condition before signing for it.

Thanks in advance

System

You have been accused of swapping the unit because someone has swapped the unit. It obviously wasn't you but I assume a previous customer has returned an old unit which has then been sent to you.

Argos have blamed you as you are obviously the most likely suspect. I am sure your card issuer will refund you the money, however I would be surprised if you get an apology.

On a side note pretty much every retailer will sell returns as new. If you return anything the receiving company will as standard inspect the item, refurbish it as required and then make the item available for sale. In your scenario above obviously something has fallen down at the inspect point.

Fosterdog

Just a thought, when did you buy your camera and what camera do you have?

If you have a newer model or recently purchased (less than four years ago) send them a copy of your receipt. Nobody would buy a canon flash four years ago if they only bought a canon camera say 6 months ago.

I know you could have just upgraded the body but thats down to them to prove not you. They have to prove that it was you who has done it and not somebody else. You don't have to prove that you didn't as that is impossible, but showing that your camera isn't as old as they say the flash is would go in your favour

royalll

Well their position should be that in doubt they should issue a refund, if they think you have attempted to commit a fraudulent crime, they should be able to prove that within reason for them not to issue a refund. I believe the burden of proof lies with Argos.

Also was the camera a completely different model seeing as it was 4 years old? FYI their statement that something is 4 years old and should never be shipped out is bulls**t. At end of catalogues they will do something called integrations, where old items lines get merged, even if they are different. These can just keep getting integrated for years until old crap is there with new stuff(I used to find stock older than 4 years old in a store!)

royalll

also did the fragile tape have the camera brand name on it or the argos name on it

Herongull

Under distance selling regs you can return an item within 7 days of receipt for a full refund. It doesn't even have to be faulty.

After 7 days, you have "a reasonable time" to reject an item (for a refund) if it is faulty or not as described.

After "a reasonable time" your remedies are repair/replacement.

It sounds like your return is covered by the distance selling regs, so they have to refund you as long as you have returned the item.

If they are claiming you did a substitution (ie fraud), then they will have to prove this occurred. You do not have to show that it didn't.

You can also claim against the credit card company.